Oklahoma Statutes

Okla. Stat. tit. 21, § 1283 (2026)

Convicted felons and delinquents

✓ current as of July 2026

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CONVICTED FELONS AND DELINQUENTS A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of

this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense. B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the provisions of the Oklahoma Self- Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair. C. It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun or toy rifle, while such person is subject to supervision, probation, parole or inmate status. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense. D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.

E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine of Two Hundred Fifty Dollars ($250.00). F. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any firearm authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section. G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title. H. For purposes of this section, "sawed-off shotgun" or "sawed- off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length. I. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon. J. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state. K. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court. Added by Laws 1959, p. 112, § 1. Amended by Laws 1961, p. 231, § 1, emerg. eff. April 10, 1961; Laws 1981, c. 155, § 1; Laws 1983, c. 160, § 1, emerg. eff. June 2, 1983; Laws 1989, c. 185, § 1, emerg. eff. May 8, 1989; Laws 1992, c. 151, § 3, eff. Sept. 1, 1992; Laws 1994, c. 169, § 1; Laws 1994, c. 290, § 53, eff. July 1, 1994; Laws 1995, c. 272, § 36, eff. Sept. 1, 1995; Laws 1997, c. 358, § 1, emerg. eff. June 9, 1997; Laws 2002, c. 136, § 1, emerg. eff. April 24, 2002; Laws 2005, c. 190, § 2, eff. Sept. 1, 2005; Laws 2007, c.

62, § 2, emerg. eff. April 30, 2007; Laws 2007, c. 162, § 1, eff. Nov. 1, 2007; Laws 2009, c. 13, § 1, eff. Nov. 1, 2009; Laws 2012, c. 259, § 9, eff. Nov. 1, 2012; Laws 2014, c. 179, § 1, eff. Nov. 1, 2014; Laws 2019, c. 1, § 3, eff. Nov. 1, 2019; Laws 2022, c. 299, § 1, eff. Nov. 1, 2022; Laws 2025, c. 486, § 130, eff. Jan. 1, 2026. NOTE: Laws 1997, c. 133, § 327 repealed by Laws 1999, 1st Ex. Sess., c. 5, § 452, eff. July 1, 1999.

Notes of Decisions

Cited in 142 cases (27 in the last 5 years), 1962–2026 · leading case: Brink v. State, 2021 OK CR 1 (Okla. Crim. App. 2021).

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Brink v. State, 2021 OK CR 1 (Okla. Crim. App. 2021). · cites it 9× “Possession of a Firearm While On Probation is a status crime similar to the crime of felon in possession of a firearm set forth at 21 O.S.Supp.2014, § 1283(A). In Frazier , we observed that "the unlawful possession of a firearm by a convicted felon is a status crime and…”

Allen v. State, 871 P.2d 79 (Okla. Crim. App. 1994). · cites it 6× “7), and Possession of a Firearm After Former Conviction of a Felony (21 O.S.Supp. 1983, § 1283), Case No. CRF-88-6621, in the District Court of Oklahoma County.”

Lee v. State, 2018 OK CR 14 (Okla. Crim. App. 2018). · cites it 2× “2011, § 801); and Possession of a Firearm After Former Conviction of a Felony (Count IV) (21 O.S.Supp.2014, § 1283) in the District Court of Tulsa County, Case No.”

Courtney v. Oklahoma Ex Rel. Dep't of Pub. Saf., 722 F.3d 1216 (10th Cir. 2013). · cites it 4× “Okla. Stat. tit. 21 § 1283. Thus, while Oklahoma law prohibits the possession of firearms by a person previously convicted of a felony, a juvenile adjudication over ten years old does not qualify as an underlying felony.”

Williams v. State, 794 P.2d 759 (Okla. Crim. App. 1990). · cites it 10× “The jury recommended punishment of six and one-half (6 1/2) years imprisonment, and the trial court sentenced accordingly. From this judgment and sentence Appellant has perfected this appeal.”

Platt v. State, 2008 OK CR 20 (Okla. Crim. App. 2008). · cites it 6× “McCurdy, II, and convicted of Unlawful Possession of a Firearm, under 21 O.S.Supp.2005, § 1283, in Canadian County District Court, Case No.”

Watts v. State, 2008 OK CR 27 (Okla. Crim. App. 2008). · cites it 4× “Kinchion simply held that an accomplice to armed robbery is not in joint "possession" of a firearm physically possessed and controlled by another robber for purposes of a felon-in-possession charge under 21 O.S.2001, § 1283. In Kinchion , the single gun carried in the robbery…”

Hancock v. State, 2007 OK CR 9 (Okla. Crim. App. 2007). · cites it 2× “7(A) (Counts 1 and 2); and possession of a firearm after former conviction of a felony, in violation of 21 O.S.2001, § 1283 (Count 4), in Oklahoma County District Court, Case No.”

Cargle v. State, 909 P.2d 806 (Okla. Crim. App. 1995). · cites it 2× “7(A); and Count III, Possession of a Firearm After Former Conviction of a Felony (21 O.S.Supp. 1992, § 1283). For the weapons charge he received a sentence of ten (10) years.”

Paxton v. State, 867 P.2d 1309 (Okla. Crim. App. 1993). · cites it 2× “1981, § 652) (Count III); and Possession of a Loaded Firearm, After Former Conviction of a Felony (21 O.S.1981, § 1283) (Count TV), Case No.”

United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “29 Oklahoma Okla. Stat. tit. 21 § 1283 any felony in any court of this state" Stat.”

United States v. Madden, 682 F.3d 920 (10th Cir. 2012). · cites it 2× “Madden was charged in state court with being a felon in possession of a firearm in violation of Okla. Stat. Ann. tit. 21, § 1283 . On September 20, 2005, at the conclusion of the preliminary hearing on the charge, the state trial court concluded that, while Madden’s arrest was…”

Show all 142 citing cases →

— Okla. Stat. tit. 21, § 1283(A) — 16 cases

Courtney v. Oklahoma Ex Rel. Dep't of Pub. Saf., 722 F.3d 1216 (10th Cir. 2013). “Okla. Stat. tit. 21 § 1283. Thus, while Oklahoma law prohibits the possession of firearms by a person previously convicted of a felony, a juvenile adjudication over ten years old does not qualify as an underlying felony.”

Brink v. State, 2021 OK CR 1 (Okla. Crim. App. 2021). “Possession of a Firearm While On Probation is a status crime similar to the crime of felon in possession of a firearm set forth at 21 O.S.Supp.2014, § 1283(A). In Frazier , we observed that "the unlawful possession of a firearm by a convicted felon is a status crime and…”

Platt v. State, 2008 OK CR 20 (Okla. Crim. App. 2008). “McCurdy, II, and convicted of Unlawful Possession of a Firearm, under 21 O.S.Supp.2005, § 1283, in Canadian County District Court, Case No.”

Frazier v. State, 2020 OK CR 7 (Okla. Crim. App. 2020).

Thompson v. State, 2018 OK CR 32 (Okla. Crim. App. 2018).

— Okla. Stat. tit. 21, § 1283(C) — 3 cases

Watts v. State, 2008 OK CR 27 (Okla. Crim. App. 2008). “Kinchion simply held that an accomplice to armed robbery is not in joint "possession" of a firearm physically possessed and controlled by another robber for purposes of a felon-in-possession charge under 21 O.S.2001, § 1283. In Kinchion , the single gun carried in the robbery…”

Peacock v. State, 46 P.3d 713 (Okla. Crim. App. 2002).

— Okla. Stat. tit. 21, § 1283(D) — 2 cases

Fuston v. State, 2020 OK CR 4 (Okla. Crim. App. 2020).

Ruth v. State, 966 P.2d 799 (Okla. Crim. App. 1998).

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